LAWS(P&H)-1971-8-41

HARJIT SINGH AHLUWALIA Vs. STATE OF PUNJAB ETC.

Decided On August 09, 1971
Harjit Singh Ahluwalia Appellant
V/S
State Of Punjab Etc. Respondents

JUDGEMENT

(1.) THE facts giving rise to this petition under Articles 226 and 227 of the Constitution of India are these: The petitioner was one of the founder -members of the State Bank of India Employees. Co -operative Housing Society Ltd. Ludhiana Respondent No. 2 (hereinafter referred to as the respondent -Society). Before he became such a member, be owned a house situated on the Jagraon road at Ludhiana. On the 4th of March, 1967, the Society despatched a, letter (Annexure A) to the petitioner stating that it was proposed to expel him from the Society for the reason inter -alia that he owned, a house situated on the Jagraon road. Ludhiana. which was a contravention of bye -law 6 (d) of the Bye -laws of the Society. On the 5th of April, 1967, the Managing Committee of the Society passed a resolution (Annexure B to the petition) expelling the petitioner from its membership. This resolution was confirmed in a General Body meeting of the Society held on the same day.

(2.) THIS petition must succeed. There is nothing at all in the bye -laws governing the Society which prohibits a person, who owns a house, from becoming a member thereof Bye -law 4 (i) on which reliance in this connection is placed for the society states -

(3.) FROM the above discussion, it is clear that from whatever angle the impugned order is looked upon it is shown to be based on findings for which there is no proper foundation, in law. On the other hand, the appellate order of the Asstt. Registrar (Annexure D to the petition) appears to be fully justified The impugned order is accordingly quashed. The petitioner shall have his costs of these proceedings. Counsel's fee Rs 100/ -.